1. Governing document

• 1.1 The terms and conditions set out in this document apply to the use of the website currently located at www.areasearch.com.au (Website), including the use of the information services offered on the Website. In using the Website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website.
• 1.2 In this document, the expressions 'we', 'us' and 'our' are a reference to CCF Properties Pty Ltd, ABN 78 101 499 638.

2. Plans

• 2.1 In order to be able to access the information offered on the Website, a current subscription plan (Plan) must be established and maintained with us either by:
• (a) you (Single Plan); or
• (b) your employer (Corporate Plan).
• 2.2 Subject to the establishment and maintenance of a Plan (including continued payment of all associated fees), we grant you (and, in the case of a Corporate Plan, your employees) a non-exclusive, non-transferable licence to use the Website in accordance with these terms and conditions and the limitations of your Plan.
• 2.3 The Plans made available by us will be listed on the Website. We may at our sole discretion update the Plans available from time to time, including to:
• (a) add or remove Plans; or
• (b) alter the fees or limitations associated with an existing Plan. Where we do so, you will be entitled to stay on your current Plan notwithstanding these changes, but, should you wish to change your Plan in future, you will be limited to those Plans that we have available at that time. Please note any ability for you to unilaterally increase fees or limitations on a Plan is likely to be deemed to be an unfair contract term. We have proposed that, if you change fees/limits, users on existing Plans will get to keep their old arrangements. An alternative would be to provide that, if you are going to change plans to the detriment of users, they can terminate without suffering detrimental consequences.
• 2.4 Each Plan contains limitations on the manner in which you use can use the Website, such as:
• (a) the maximum number of users who can be accessing the Website simultaneously; and
• (b) the number of pages of the Website that can be accessed by all associated users in a day. You agree that we may prevent you from accessing some or all of the Website's functionality where you reach these limits. Where your needs exceed your current Plan, you can upgrade to another Plan at any time.
• 2.5 Where you establish a Single Plan, you acknowledge and agree that:
• (a) the Single Plan is for your individual use only;
• (b) you will not share your password, or otherwise let anyone else access the Website using your account; and
• (c) you are responsible for any activity undertaken using your password.
• 2.6 Where you establish a Corporate Plan for use by your employees, you acknowledge and agree that:
• (a) the Corporate Plan is for use by your current employees only;
• (b) you will not allow any person who is not your employee to access the Website using your Corporate Plan;
• (c) you will ensure that all persons who access the Website via your Corporate Plan will abide by these terms and conditions; and (d) any breach of these terms and conditions by a person accessing the Website via your Corporate Plan will be deemed a breach by you of these terms and conditions.
• 2.7 Where your employer has established a Corporate Plan, you acknowledge and agree that:
• (a) you will not share any password issued to you, or otherwise let anyone else access the Website by impersonating you;
• (b) you are responsible for any activity undertaken using any password issued to you; and
• (c) any breach of these terms and conditions by you will be deemed a breach of these terms and conditions by your employer.
• 2.8 We reserve the right to terminate your Plan at any time if you breach these terms and conditions.
• 2.9 You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied.
  

3. Fees

• 3.1 You agree to pay the fees associated with your Plan, monthly, in advance, in the manner specified on the Website. Please confirm if you have more specific payment terms you want reflected. Otherwise, the terms will defer to 'the manner specified on the Website', which is on the assumption that this will be via the provision of a credit card for recurring billing.
• 3.2 In the event that we terminate your access to the Website for breach of these terms and conditions by you (or, if a Corporate Plan, your employees), you will not be entitled to any refund.
  

4. Information service

• 4.1 All information provided by us via the Website or otherwise pursuant to these terms and conditions is provided in good faith.
• 4.2 You accept that any information provided by us is general information and is not in the nature of advice.
• 4.3 We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update or amend this information at any time.
• 4.4 We do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service.
• 4.5 You agree to use our information service for lawful purposes only.
• 4.6 You acknowlwedge the the majority of data provided in the AreaSearch platform stems from Government sources, but may differ from original data due to AreaSearch's method of analysis.
• 4.7 You acknowlwedge that much of the data provided by the AreaSearch platform could be sourced directly by yourself. As such fees you pay reflect the convenience and analysis provided by the platform as opposed to raw data.
  

5. Disclaimer

• 5.1 Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable.
• 5.2 Subject to 5.1, to the full extent permitted by law:
• (a) we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Website;
• (b) any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
• (c) we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with the Website or respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
• 5.3 You acknowledge that: (a) prior to entering into these terms and conditions you have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of these terms and conditions and that prior to entering into these terms and conditions you have availed yourself of that opportunity; and
• (b) at no time prior to entering into these terms and conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so.
• 5.4 The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded.
• 5.5 Pursuant to section 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)):
• (a) this clause 5.5 applies in respect of any of the goods or services supplied under these terms and conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable;
• (b) liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by sections 51–53 of that Law, is limited:
• (i) in the case of goods, to any one of the following as determined by us:
• (A) the replacement of the goods or the supply of equivalent goods; or
• (B) the repair of the goods; or
• (C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• (D) the payment of the cost of having the goods repaired;
• (ii) in the case of services, to any one of the following as determined by us:
• (A) the supplying of the services again; or
• (B) the payment of the cost of having the services supplied again.
  

6. Specific warnings

• 6.1 You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you.
• 6.2 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.
• 6.3 Whilst we have no reason to believe that any information contained on the Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Website updated at a particular frequency. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Website.
• 6.4 We do not give you any assurances that any information contained on the Website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.
• 6.5 Where the information made available over this service contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
  

7. Updates

• 7.1 You acknowledge and agree that we:
• (a) can update the Website to add, remove, modify or otherwise alter features at our sole discretion, and that such changes will not be a breach of this document;
• (b) are under no obligation to update the Website; and
• (c) can introduce new functionality to the Website which may only be available to you if you pay additional fees.
• 7.2 Notwithstanding 7.1(a), if we update the Website to remove functionality, you may cancel your Plan by notice to us, and we will refund any amounts paid in advance in this respect on a pro rated basis.
• 7.3 In order to access, use, or continue to access or use the Website, you may also be required to update third party software (such as the web browser or operating system) on your device. You acknowledge and agree that:
• (a) we are not responsible for such third party updates;
• (b) such third party updates may be subject to their own terms and conditions, which we strongly recommend that you review prior to implementing the third party update; and
• (c) if you are unable or unwilling to obtain or install such third party updates, you may be unable to access, use, or continue to access or use the Website.
  

8. Advertising

• 8.1 You acknowledge and agree that, subject to 8.4:
• (a) the Website may feature advertisements from us and/or third parties, including third parties whose business may compete with yours; and
• (b) we may, at our sole discretion, introduce advertising into any part of the Website that does not presently contain advertising.
• 8.2 Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
• 8.3 You agree that you will not use any software or other automated tools to remove, obscure, block or otherwise hinder the proper operation of the advertising appearing on the Website. You acknowledge that any such activity is a breach of these terms and conditions.
• 8.4 We may (but are not obliged to) offer you the ability to replace some or all of the advertisements that appear on the Website with your own (Override Functionality). You acknowledge and agree that:
• (a) the Override Functionality is not available on Single Plans, and is only available on certain Corporate Plans;
• (b) we reserve the right to limit the availability of the Override Functionality as we see fit, including by declining to offer the Override Functionality to clients in certain industries;
• (c) where you elect to use the Override Functionality, the applicable fees for your Plan will increase as set out on the Website; and
• (d) we may discontinue the Override Functionality, or remove your ability to use it, at our sole discretion. For the avoidance of doubt, we will no longer charge you the amounts described in (c) if the Override Functionality becomes unavailable to you.
  

9. Copyright

• 9.1 Copyright in the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party.
• 9.2 Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
• (a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or (b) commercialise any information, products or services obtained from any part of this website, without our written permission or, in the case of third party material, from the owner of the copyright in that material.
• 9.3 Unless we agree otherwise in writing, you are provided with access to the Website only for your use in accordance with your Plan. You are authorised to print or download a copy of any information contained on the Website for your personal use, unless such actions are expressly prohibited.
• 9.4 Without limiting the foregoing, you may not without our written permission:
• (a) on-sell information obtained from the Website;
• (b) access the Website using automated tools;
• (c) download, copy, save or aggregate material from the Website in order to replicate or reverse engineer the data we use to provide the Website, or create a archive or shadow copy of any of our information.
  

10. Support

• 10.1 Unless otherwise specified in this document or agreed pursuant to a separate written agreement between you and us, we will not be obliged to provide any support with respect to your use of the Website, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to the use of the Website by you.
  

11. Links

• 11.1 This website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained.
• 11.2 We are not responsible for the content or privacy practices associated with Linked Websites.
• 11.3 Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
  

12. Privacy

• 12.1 We undertake to comply with the terms of our privacy policy, as updated from time to time, and made available via the Website.
• 12.2 You agree that we may collect, hold, use and disclose personal information about you and the manner in which you use the Website, including for the purposes of tailoring the Website for your use.
  

13. Security

• 13.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
  

14. Termination of access

• 14.1 Access to the Website may be terminated at any time by us without notice. We will refund any amounts paid in advance in this respect on a pro rated basis.
• 14.2 You may decline to renew your Plan at any time by notice to us via the Website. You will not be refunded any amounts paid in advance should you elect to do so.
  

15. GST

• 15.1 Words or expressions used in this clause that are defined in A New Tax System (Goods and Services Tax) Act 1999 (GST Act) have the same meaning given to them in that Act.
• 15.2 Unless otherwise stated, any amount specified in these terms and conditions or on the Website as the consideration payable for any taxable supply includes any GST payable in respect of that supply.
• 15.3 Each party agrees to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with these terms and conditions.
• 15.4 If a third party makes a taxable supply and this document requires a party to this document (the payer) to pay for, reimburse or contribute to (pay) any expense or liability incurred by the other party to that third party for that taxable supply, the amount the payer must pay will be the amount of the expense or liability plus the amount of any GST payable in respect thereof but reduced by the amount of any input tax credit to which the other party is entitled in respect of the expense or liability.
• 15.5 If an adjustment event arises in relation to a taxable supply made by a party under this document (Supplier), the amount paid or payable by the party to whom the taxable supply is made (Recipient) pursuant to clause 15.2 will be amended to reflect this and a payment will be made by the Recipient to the Supplier or vice versa as the case may be.
• 15.6 This clause does not merge on completion and will continue to apply after expiration or termination of these terms and conditions.
  

16. General

• 16.1 These terms and conditions are governed by the laws in force in Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
• 16.2 We accept no liability for any failure by us to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
• 16.3 If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
• 16.4 If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.